Federal Sentencing

The United State Sentencing Guidelines (USSG), while not mandatory for judge to follow, are still the guiding principles for judges. Most sentences are imposed in accordance with the guidelines. Judges will schedule sentencing hearings for several month as after a guilty plea or after a person is found guilty at trial. During this hearing, the judge will hear from the government, the defense and from probation. The judge will pronounce sentence at the end of the hearing. Anyone sentenced to a sentence longer than one year is eligible for a good time reduction of the sentence, of 15% of the sentence. Disciplinary infraction during incarceration will impact this.


Following the trial or change of plea hearing, the United States Probation Office will meet with the person and do what is called a PSR interview. PSR stands for presentence report. The PSR has two parts. The first is a thorough biographical analysis of the person, including family history, educational history, work history, and other biographical information. The second part of the PSR is the probation department’s computation of the applicable guideline range. The government and the defense then object to the PSR. The government generally asking for more severe enhancements, while the defense argue against the imposition of enhancements and argues in favor of reductions.

Woman speaking in a courtroom. Judge behind a desk. Sunlight streams through a window.

The sentencing guidelines work as follows. A base offense level is assigned to the crime(s) of which the person was convicted. The guidelines include many enhancements which increase the offense level based upon circumstances specific to the offense. These are referred to as “relevant conduct.” Relevant Conduct explains the applicable base offense level, specific offense characteristics, cross references, and adjustments for an offense based upon relevant conduct. Relevant conduct may include conduct that is charged or uncharged, Relevant conduct includes enhancements or aggravated conduct during the crime, enhancement for leadership roles, and other factors which the sentencing commission has determined warrant more severe punishment. The guidelines also include guidelines which reduce the offense level. A person’s criminal history has a great impact on the guidelines. Once the judge determines which enhancements and sentence reductions apply, the judge will determine the total offense level. This number is plugged into the sentencing chart to arrive at a suggested imprisonment range. The chart contains numerous “zones.” Total offense levels in the lowest zone are probation eligible.


I have extensive experience navigating the guidelines and can present nuanced arguments to a judge to increase the likelihood that favorable sentencing reductions apply, and damaging enhancements are excluded. There are reductions in sentences for minimal roles in the offense, lack of criminal history, and other factors which reduce the severity of the offense.

I will prepare an objection to the PSR and fight to keep the judge from imposing enhancements and to get the judge to reduce the total offense level. Shortly before sentencing, I will prepare a sentencing memorandum which will argue for a specific sentence and present the human side of my client, including as many character support letters as possible. The goal is always to get the sentence as low as possible, whether through a variance or downward departure.


The “safety valve” is a mechanism which allows a judge to sentence a person below a mandatory minimum sentence when the following factors are present: a. no use of violence; b. the person was not a leader of a criminal scheme; c. limited criminal history; d. cooperation with the prosecution; and e. no use of weapons. The safety valve also provides for a 2-level reduction in the total offense level. The safety valve can be instrumental in getting a sentence well below the guideline range.


I have extensive experience in federal sentencing defense and at sentencing hearings and preparing super effective PSR objections and sentencing memorandums. I am extremely well-versed in the guidelines and in the enormous body of case law interpreting the guidelines.